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Published on November 3, 2007

After looking at highlights of the organic law on election of MPs and senators yesterday, today Pravit Rojanaphruk considers key points of the other two pieces of election-related legislation.

The new organic law on political parties sees tougher restrictions placed on patronage or give-aways by political parties.

Article 4 of the law bars political parties from giving free transport to voters and from organising free entertainment in constituencies. Providing free medical assistance is also forbidden.

The minimum age to become a party executive has been set at 20.

Under Article 9, parties are forbidden to use names or symbols that resemble those of deposed prime minister Thaksin Shinawatra's banned Thai Rak Thai (TRT) Party. The pro-Thaksin People Power Party currently uses the same colours and similar letter fonts to those of the now defunct Thai Rak Thai.

The new law also holds all party executives legally responsible for any resolution passed by the party. However, executives who can prove that they had no part in an illegal act by their party will be let off the hook.

Article 29 forbids parties to offer money or goods to entice people to join them. Article 31 makes it illegal to be a member of more than one political party, with the penalty of a Bt3,000 fine. This problem of people registering as members of two or even three parties had become a big problem. Some of the smaller, little known parties tried to garner, sometimes illegally, enough names to meet the minimum membership of 5,000 required by law.

In order to reduce the possibility of phantom parties, the law requires that parties set up four regional offices within a year of being registered and prove that they have at least 5,000 members.

Article 36 allows a party's members to launch an impeachment motion against any of its executives with a petition backed by 200 members.

On political donations, the new law requires donors of sums higher than Bt100,000 to be identified. The maximum donation allowed by a single individual or legal entity is Bt10 million per annum, a figure criticised as opening the way for legalising money politics. The maximum tax rebate that can be claimed on political donations is set at Bt5,000 per annum for individuals and Bt20,000 per annum for legal entities.

Article 63 forbids the prime minister and Cabinet members to use their position to raise funds for a candidate or political party.

Law on the Election Commission

Among the few new additions worth noting is that election commissioners are required not only to declare their assets under Article 7 but also to declare assets that may have been given to others to take care of on their behalf, "directly or indirectly".

Regarding the quorum of the EC, at least three commissioners need to be present. Under Article 8, disqualifying candidates requires the votes of four commissioners.

Article 11 empowers the EC to order the state to carry out asset examinations of any suspicious person in the period leading up to an election.

Article 14 empowers the EC to appoint five provincial-level election commissioners in each of the 76 provinces.

Pravit Rojanaphruk

The Nation